State v. Sanderson

I concur in the decision of the Court but not in its rationale. I do not agree that the prescription used by the defendant was not a valid one. On the contrary, it was issued by a physician and was regular and valid in all respects and its validity enabled her to procure the drugs'1 in "qúesiíonT^ffdm'''t1ie pharmacist. Although the use of “misrepresentation, fraud, forgery, deception or subterfuge” to obtain possession of a controlled substance is itself made an offense by T.C.A. § 52-1436(a)(3), nothing in the Act provides that an otherwise valid pre*240scription is rendered “invalid” because…